K.A. Mohammed Shafi, J.

This Election Petition is filed by the defeated candidate from 9 -Thrissur Constituency to the House of People for which poll was conducted on 28.2.1998 and the result was declared on 3.3.1998, to declare that the election of the 1st respondent - returned candidate is void and to declare that the petitioner has been duly elected from 9 -Thrissur Constituency in the election to the House of People for which poll was held on 28.2.1998.

2. The 1st respondent, who is the contesting respondent has filed a detailed written statement controverting and denying the allegations made in the Election Petition against him. He has also filed CMP No. 4942/98 to dismiss the Election Petition at the threshold without hearing it on merits.

3. The petitioner in the Election Petition who is the 1st respondent in the CMP has filed a detailed counter affidavit in that CMP and the petitioner therein has filed a reply affidavit.

4. The petitioner in the E.P. has filed CMP No. 5092/98 under O.VI R.17 of the CPC to amend the Election Petition by inserting the word 'petitioner' at the end of the paragraph under the caption 'Reliefs Claimed' and above the verification and to su